A forum for associates to speak out about law firm issues

Seeking new employment while still at old firm?

Let’s say that you’ve finally made the decision that the vast majority of Biglaw associates will make at some point in their careers–the firm you’re currently with isn’t everything you hoped it would be, and you want to move on. But here’s the question: do you want to look for a new job without checking out of your old one, or give notice first and then have ample time to devote to the new job search?

Most associates don’t give notice until after they have another job lined up, and there are good reasons for this. First, you wish to make a smooth transition. Second, if you give notice first, then you may be out of a job while still seeking employment. Some associates feel that this brings up the specter of negative possibilities, perhaps a nagging thought by the prospective employer that the associate was, in fact, laid off or fired via a stealth layoff. Third, some people simply like the idea of a constant paycheck. If you want to take some time off between jobs (highly recommended!) it’s always possible to negotiate this with your new employer after you have secured the position.

There’s another benefit to keeping the old job until you find the new one, but it’s not one that most people recognize. Searching for a job is just as much about projecting a certain image as it is about actual credentials. You want your potential new employers to know that you are a very busy, very in-demand associate at your current firm who is going to have difficulty scheduling interviews because you will be flying to five cities in the next two weeks for witness interviews or depositions. The less accessible you are, the more in demand you will become. There’s nothing that smells more of desperation than the associate who is already out of a job and can meet at any time with a potential employer.

The downside, of course, is that if you are in fact very busy and slammed at your current job, you have little to no time to devote to researching other employment prospects, much less interviewing with those firms or employers. There will certainly be times when you are simply that busy, and those are not good times to be looking for new jobs. Wait until things have calmed down a bit for you, and take that window of opportunity to think about your options. You will be pleasantly surprised that, when you project a busy schedule, firms will work harder to schedule something convenient for you and will also get you through the multi-round interviews on an expedited basis.

The other perceived downside is the loyalty issue. Some associates feel bad looking for a new job while no one else at the firm knows about it. They feel that they’ve already mentally “checked out” and that’s not fair to the firm. They start to feel like a traitor or spy within their own firm. Advice for those people? Don’t feel bad. You’re not the first associate to leave. Unfortunately, the way Biglaw operates these days, there is no loyalty by the partnership toward associates, so you shouldn’t feel bad either. Partners have seen wave upon wave of associates come and go, so your departure will just be one more. As much as you’d like to think that you are indispensable to the firm, you really aren’t. No one is. There will always be new, eager warm bodies ready to take your place–and your office will be filled, sometimes within days after you hand in your key card.

Bottom line: don’t tell the firm that you are planning to leave until you have secured new employment.